(A)   Uses. Table 5 designates the only uses permitted in the various special districts. To determine the districts where a use is permitted:

      (1)   Find the use in the first column

      (2)   The use is permitted in those districts directly above each mark in the line of the use. If a mark is a "P," the use is permitted; if the mark is an "S" the use is a conditional use; if marked an "A," the use is an accessory use; and if marked "-," the use is not permitted in the district.

   (B)   Density. Table 1 designates the minimum lot size in area in square feet or acres, width in feet, the minimum yard setback for front, rear and side yards in feet, the clear passage to be maintained along a side yard in feet, the maximum height in feet and stories, the maximum floor area ratio, and the minimum floor area in square feet required of dwelling units. To determine the requirement for each district,

      (1)   Find the category in the first column

      (2)   The requirement for the category is found on the line directly below the designated district.

   (C)   Parking. Table 2 designates the minimum required parking and loading spaces by type of use.

('69 Code, § 7-16.03, Subd. 1)

   (A)   Purpose. This district is intended to create, preserve and enhance areas devoted primarily to educational, medical and other major institutional use so that their functions and auxiliary uses will not be encroached upon by uses and activities which are detrimental to their primary purposes.

   (B)   Detailed plan required. Uses within this district are to be arranged according to a detailed master plan prepared by the major institution located within the district and after approval by the Commission. Plan preparation shall conform to § 155.189.

   (C)   Existing uses. Existing uses in the district, other than those conforming to the approved plan, shall be nonconforming and subject to the provisions of §§ 155.200 through 155.205, except said uses may be allowed to expand only when:

      (1)   A conditional use permit is obtained from the Commission

      (2)   The expansion will not interfere with the long term expansion plans of the major institution, and

      (3)   The administrator of the institution or the Chairman of the Commission certifies that the subject parcel is not included in any program of development for a period of ten years following the request of the conditional use permit.

   (D)   All uses. The permitted and conditional uses shown on the table Schedule of Use Regulations shall be allowed within the district only when they are so identified on the plan required under this subchapter.

('69 Code, § 7-16.03, Subd. 2 A.) Penalty, see § 155.999

   (A)   This district limits development in areas subject to flood so persons and property can be protected and to avoid unnecessary public expenditures for flood protection and emergency aid.

   (B)   Please see Chapter 152.

('69 Code, § 7-16.03, Subd. 2 B.)

   (A)   Purpose. The Transition Zone District is established primarily for those annexed unplatted areas within the city that have not been zoned for development and are undergoing a transition from, in most cases, agricultural to urban uses. It is the expressed intent of this district to allow only crop farming or similar agricultural uses in order to reduce potential land use conflicts as urban development occurs in the Transition Zone District. Certain lands in the district may be released for compact and orderly urban development, according to the comprehensive Development Guide Plan, pending proper timing and providing for the economical provision of city services. As these criteria take place a more conventional urban zoning district will replace the Transitional Zone District.

   (B)   Plants. All non-farm structures shall be sited on a separately surveyed and described parcel.

   (C)   Utilities. All non-farm uses hereafter erected shall be connected to city water and sewer systems.

   (D)   Conditional uses. All conditional uses will be permitted only when their:

      (1)   Locations are compatible with anticipated long range plans of the city, and

      (2)   The use is compatible for the use of the area as indicated on the long range development plan for the surrounding areas submitted by the developer and approved by the Commission. Strip development along roads and streets will be discouraged.

('69 Code, § 7-16.03, Subd. 2 C.) (Am. Ord. 820, passed 3-25-96)

   (A)   This district preserves the natural features and environments of the shorelands which are unique community assets so they will be protected from adverse urban development activities.

   (B)   See §§ 155.140 through 155.148.

('69 Code, § 7-16.03, Subd. 2 D.)

   (A)   Declaration of public policy. The City Council declares that the preservation, protection, perpetuation and use of areas, places, buildings, structures, lands, districts and other objects having a special historical, community or aesthetic interest or value are a public necessity and is required in the interest of the health, prosperity, safety and welfare of the City of Worthington.

   (B)   Purpose. The purpose of this section is to officially designate Heritage Preservation Sites to:

      (1)   Safeguard the heritage of the City of Worthington by preserving properties which reflect elements of the City's cultural, social, economic, political, visual or architectural history;

      (2)   Protect and enhance the City of Worthington's appeal and attraction to residents, visitors and tourists;

      (3)   Enhance the visual and aesthetic character, diversity and interest of the City of Worthington;

      (4)   Foster civic pride in the beauty and notable accomplishments of the past; and

      (5)   Promote the preservation and continued use of historic properties for the education and general welfare of the people of the City of Worthington.

   (C)   Heritage Preservation Commission.  

      (1)   Members. The City of Worthington Heritage Preservation Commission (hereinafter, the "Commission") shall consist of seven voting members to be appointed by the Mayor, by and with the advice and consent of the City Council. The Chairperson of the City of Worthington Planning Commission and the President of the Nobles County Historical Society or their designees shall be ex-officio non-voting members of the Commission. Any member appointed to serve on the Commission shall be a resident of Worthington and shall have demonstrated interest and/or expertise in historic preservation. If available in the community and willing to serve, at least two members of the Commission shall be preservation-related professionals, including the professions of history, architecture, architectural history, archaeology, planning, real estate, design, building trades, landscape architecture or law. One member of the Commission must be a designated representative of the Nobles County Historical Society, if available, pursuant to M.S. § 471.193 Subdivision 5.

      (2)   Term. The Mayor and City Council shall initially appoint two members to serve a term of one year, two members to serve a term of two years, and three members to serve a term of three years. Terms of office shall expire on the first day of April in the year following their last full year of appointment. All subsequent appointments shall be for a term of three years. Members may be reappointed for consecutive terms. In the event of a vacancy, the vacancy for the unexpired term shall be filled in the same manner as the appointment itself. Members shall serve without compensation and, if a successor has not been appointed by the end of their term, shall continue to hold office until their successors have been appointed.

      (3)   Powers and duties of the Commission.

         (a)   The Commission may conduct studies for the identification and designation of historic buildings and/or sites. The Commission shall maintain records of all studies for public use.

         (b)   The Commission shall recommend structures, interiors, lands, spaces or districts to be designated for heritage preservation within the city.

         (c)   The Commission may solicit gifts and contributions to behalf of the city and to assist in obtaining funds to be given to the city for the purpose of heritage preservation.

         (d)   The Commission shall exercise control and maintenance over Heritage Preservation buildings and/or sites officially registered and thereby protected.

         (e)   The Commission may cause to be prepared and erected suitable plaques, identifying Heritage Preservation buildings and/or sites.

         (f)   The Commission shall ensure an update list of all areas, places, buildings, structures, land, districts or other object which has been given Heritage Preservation designation. The Commission shall also prepare and compile an updated catalogue of all known publications, articles, books, pamphlets, policies or other materials having a direct bearing on the Heritage Preservation in the City of Worthington. All of this material shall be made reasonably available for public use.

   (D)   Designation of Heritage Preservation Sites.

      (1)   Designation criteria. The following criteria shall be utilized to determine whether a building and/or site is worthy of designation as a Heritage Preservation Site. Any building and/or site to be considered for designation as a Heritage Preservation Site must meet one of the following criteria.

         (a)   Exemplify or reflect the broad cultural, political, economic or social history of the City of Worthington, Nobles County, State of Minnesota, or the United States;

         (b)   Be identified as a site of a significant historic event;

         (c)   Be identified with a person or persons who significantly contributed to the culture and development of the City of Worthington;

         (d)   Embodies the distinguishing characteristics of an architectural style, period, form or treatment;

         (e)   Identifies work of an architectural or master builder whose individual work has influenced the development of the City of Worthington;

         (f)   Represents the notable work of a master builder, designer, landscape architect, engineer or architect.

      (2)   Nomination. Nomination of a building and/or site to be considered for designation as a Heritage Preservation Site shall be submitted to the Manager of Planning and Economic Development. The nomination shall be accompanied with all required supporting information. A nomination may be made by any of the following:

         (a)   A member of the Heritage Preservation Commission.

         (b)   A member of the City Council.

         (c)   The Mayor.

         (d)   The Director of Community/Economic Development.

         (e)   Any person with a legal or equitable interest in the subject property.

      (3)   Hearings. Prior to the Commission recommending to the City Council any area, place, structure, land, district or other object for Heritage Preservation designation, the Commission shall hold a public hearing and seek recommendations of all concerned citizens. Prior to such hearing, the Commission shall cause to be published in the city's official newspaper a notice of the hearing at least ten days prior to the date of the hearing, and notice of the hearing shall be mailed at least ten days before the day of the hearing to all owners of record of the property or properties proposed for Heritage Preservation designation and to all owners of property situated within 350 feet of the building or site in question.

      (4)   Design guidelines. For each Heritage Preservation Site recommended to the City Council, a design guideline for rehabilitation and preservation shall be created. The United States Secretary of the Interior's Standards for Rehabilitation shall be among the standards used to create such guidelines.

      (5)   Findings and recommendations. The Commission shall determine if a proposed building and/or site is eligible for Heritage Preservation designation through the use of the designation criteria identified in division (D)(1) of this section. In accordance with M.S. § 471.193, the Commission shall send to the Minnesota Historical Society/State Historic Preservation Office all information regarding the building and/or site under consideration for designation. The Commission may make modifications concerning the proposed designation as it deems necessary in consideration of the comments of the Minnesota Historical Society/Sate Historic Preservation Office.

      (6)   Planning Commission review. Upon recommendation for Heritage Preservation designation, the Commission shall submit all documentation related to the building and/or site under consideration to the City of Worthington Planning Commission. The Commission shall request the Planning Commission to comment on the proposed designation relative to the Zoning Ordinance and Comprehensive Plan of the City of Worthington and any other valid city planning considerations relevant to the proposed designation. The Planning Commission's comments shall become part of the official record concerning the proposed designation and shall be submitted by the Commission along with its recommendation to the City Council. The Commission may make such modifications concerning the proposed designation as it deems necessary in consideration of the comments of the Planning Commission.

      (7)   City Council Hearing. Upon receipt of the Commission's recommendation for designation, the Council shall schedule and hold a public hearing on the proposed Heritage Preservation designation. Notice of the hearing shall be published in the city's official newspaper at least ten days prior to the hearing, and notice of the hearing shall be mailed at least ten days before the day of the hearing to all owners of record of the property or properties proposed for Heritage Preservation designation and to all owners of property situated within 350 feet of the building or site in question.

      (8)   City Council designation. After holding a public hearing, the City Council may, by ordinance, designate a building and/or site Heritage Preservation status. Such an ordinance shall require two-thirds vote of all members of the City Council to be effective.

      (9)   Identification plaque. Those areas, places, buildings, structures, districts and/or sites having been given Heritage Preservation designation by the City Council may be awarded a plaque to be displayed on the exterior of the property in full public view with the owner's consent. The plaque is to remain the property of the City of Worthington and shall be removed by the request of the Commission should the property be altered as to destroy the historic integrity of the property.

      (10)   Recording of Heritage Preservation Sites. The City Clerk shall record with the Nobles County Recorder the legal description of all lands designated as heritage Preservation Sites by the City Council.

   (E)   Review of permits.

      (1)   Site alteration permit. The Commission shall review and approve or disapprove the issuance of a site alteration permit to do any of the following on a Heritage Preservation Site in the City of Worthington:

         (a)   Painting, architectural details, and other related exterior alterations.

         (b)   Addition or deletion of awnings, shutters, canopies, and similar appurtenances.

         (c)   Application or use of exterior materials of a different kind, type, color, or texture than those already in use which would substantially cover one or more sides of the structure. This provision applies to roofing as well as siding.

         (d)   Signs.

         (e)   Construction of a new building or accessory structure.

         (f)   Any addition to or alteration of an existing structure which increases the square footage in the structure or otherwise alters its size, height, contour or outline.

         (g)   Change or alteration of a structure's architectural style.

         (h)   Alteration of a roof line.

         (i)   Demolition in whole or part. This does not apply to structures required to be demolished in accordance with M.S. Chapter 463.

         (j)   In addition to any other specifics, the Zoning Administrator may require a property plan, building elevations, and design details and materials as necessary to evaluate the request. Regular city permits shall also be required.

      (2)   City activity. The Commission shall review and make recommendations to the City Council concerning city activity that could change the nature or appearance of a heritage preservation site.

      (3)   Design guidelines. All Commission decisions with respect to this section shall be according to the approved design guidelines established for each Heritage Preservation Site. The following shall be used to evaluate applications for site alteration permits:

         (a)   Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure or site and its environment or to use a property for its intended purposes.

         (b)   The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features must be avoided when possible.

         (c)   All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.

         (d)   Changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right and this significance shall be recognized and respected.

         (e)   Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.

         (f)   Deteriorated architectural features shall be repaired rather than replaced, whenever possible. If replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features must be based on accurate duplication of features, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

         (g)   The surface cleaning of structures shall be undertaken by the gentlest means possible. Sandblasting and other cleaning methods that will damage historic building materials shall not be undertaken.

         (h)   Contemporary design for alterations and additions shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment.

         (i)   Whenever possible new additions or alterations to structures shall be done in a manner that if the additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.

      (4)   Findings. Before approving any permit application required under this section, the Commission shall make findings based on the design guidelines for the Heritage Preservation Site in regard to the following:

         (a)   Alterations or additions to an existing building must not materially impair the architectural or historic value of the building. These findings should consider the existing structures and exterior appearances, building height, building width, depth or other dimensions, roof style, type of building materials, ornamentation, paving and setback.

         (b)   Prior to approval of any building demolition, the Commission shall make written findings of the following: Architectural and historic merit of the building, the effect on surrounding buildings, the effect of any new proposed construction on the remainder of the building (incase of partial demolition) and on surrounding buildings, the economic value or usefulness of the building, as it now exists or if altered or modified in comparison with the value or usefulness of any proposed structures designated to replace the present building.

         (c)   New buildings shall not materially impair the architectural or historic value of buildings on adjacent sites or in the immediate vicinity within the Heritage Preservation Site.

      (5)   Limitations. If within 60 days from the filing of a building permit application the Commission has neither approved nor denied the building permit application, the plans and permit application shall be deemed to have been approved by the Commission. If all other requirements of the city have been met, the Commission shall authorize a permit for the proposed work. No permit shall be issued or work commenced if the Commission disapproves the application in accordance with this section.

      (6)   Emergency Repair. In emergency situations where immediate repair is needed to protect the safety of the structure and its inhabitants, the Building Official may approve the repair without prior Commission action. In case of a permit issued under this provision, the Building Official shall immediately notify the Commission of its action and specify the facts or conditions constituting the emergency.

      (7)   Appeals. The permit applicant or any party aggrieved by the Commission's decision shall, within ten days of the date of the Commission's order and decision, have a right to appeal such order and decision to the City Council. The appeal shall be deemed submitted upon receipt by the Manager of Planning and Economic Development two copies of the letter requesting an appeal and statement setting forth the grounds for the appeal. The Manager of Planning and Economic Development shall give one copy to both the City Council and the Commission. The City Council may overturn the Commission's order and decision by a two-thirds vote of all members of the City Council. The Commission, in any written order denying a permit application, shall advise the applicant of his or her right to appeal to the City Council and shall include this section in all such orders.

      (8)   Penalties. An owner of any area, place, building, structure or other object within a duly designated Heritage Preservation Site who violates this section shall be guilty of a misdemeanor. Any architect, builder, contractor, agent, person or corporation who assists in the commission of a violation of this section shall be guilty of a misdemeanor. For each day an owner allows any work to be performed in violation of this section, it shall constitute a separate violation, and it shall be punishable as such. A Heritage Preservation Site on which there exists and remodeling, repairing, construction or a building moved in violation of this section, is declared a nuisance and the imposition of the penalties prescribed shall not prevent the city from instituting an appropriate action or proceeding to prevent an unlawful remodeling, repair, construction, building, building moving or demolition or to restrain, correct or abate a violation.

(Ord. 955, passed 11-24-03)

   This district is intended to allow year around occupancy of building located in that area of the city lying in Parker's Lakeshore Subdivision on to the city, lying southerly of West Lake Avenue and northerly of the lakeshore, namely Lots 2-A through 24-W, as designated on the zoning map.

('69 Code, § 7-16.03, Subd. 2 F.) (Ord. 590, eff. 6-26-78)

   (A)   Protection. No development shall be undertaken within the

"S" district which will reduce or adversely affect the biological, botanical or zoological resource now existing within

the district.

   (B)   Wetlands.

      (1)   No one shall deposit or remove any material within a wetland, excavate within a wetland, construct, alter or remove any structure within, upon or across a wetland; plant or remove any vegetation within a wetland; alter any embankment within a wetland or change the flow of water through the wetland without first requiring a development permit.

      (2)   No conditional use permit for development in a wetland shall be issued except in the following manner:

         (a)   Work shall not be performed during the breeding season of water fowl or the fish spawning season.

         (b)   No part of a sewage disposal system requiring on land or in the ground disposal of waste shall be located closer than 150 feet of the edge of the wetland.

         (c)   Removal of vegetation shall be permitted only when and where work has been approved according to this chapter.

         (d)   Floor elevations of buildings must be a least two feet above the seasonal high water level of the wetland.

         (e)   Work shall not endanger unique/or endangered plant species nor be conducted in areas of archaeological significance except by those expertly trained in those fields.

   (C)   Woods.

      (1)   No one shall cut a tree or remove shrubs except that the developer shall demonstrate that no feasible or prudent alternative exists and that if such vegetation is cut he will restore the density of trees to that which existed before development, but in no case shall he be compelled to raise density above ten trees per acre.

      (2)   All existing development shall be maintained and no conditional use permit for development shall be issued except in the following manner:

         (a)   Buildings shall be clustered in such a manner as to maximize the preservation of existing trees and native vegetation.

         (b)   Species planted shall be hardy under local conditions, shall be compatible with the local landscape and shall not include species presently under disease epidemic.

         (c)   Grading and contouring shall take place so the root zone aeration stability of existing trees, shall not be affected and shall maintain existing trees with a watering penetration area equal to one-half the crown area.

         (d)   Notwithstanding the above, the removal of trees seriously damaged by storms or other acts of God, or diseased trees shall not be prohibited.

   (D)   Public waters. Any proposed work in the beds of public waters which will change the course, current or cross-section of public waters shall be subject to the provisions of M.S. § 105.42.

('69 Code, § 7-16.03, Subd. 2 G.)